Press Information Bureau
Government of India
Ministry of Finance
24-September-2015 16:05 IST
Government Decides to Amend Income-Tax Act 1961 so that with
Effect from 1st April, 2001, the Provisions of Section 115JB Shall Not be
Applicable to a
Foreign
Company If the Foreign Company is a Resident of a Country Having
DTAA with
India and Such Foreign Company Does Not have a Permanent
Establishment
within the Definition of the Term in the Relevant DTAA;
Or the Foreign Company is a Resident of a Country Which Does Not
have a DTAA with
India and Such Foreign Company is Not Required to Seek
Registration Under Section 592 of the
Companies Act 1956 or Section 380 of the Companies Act 2013.
After due consideration of the various aspects of the matter,
the Government of India has
decided that with effect from 01.04.2001, the provisions of
Section 115JB shall not be applicable to a
foreign company if —
· the foreign company is a resident of a country having DTAA
with India and such
foreign company does not have a permanent establishment within
the definition of the
term in the relevant DTAA, or
· the foreign company is a resident of a country which does not
have a DTAA with India
and such foreign company is not required to seek registration
under Section 592 of the
Companies Act 1956 or Section 380 of the Companies Act 2013.
An appropriate amendment to the Income-tax Act in this regard
will be carried out.
Earlier, the issues relating to taxation of foreign companies,
having no permanent establishment
in India, have been under consideration of the Government. In
this regard, the Government has already
clarified the inapplicability of MAT provisions to FIIs/FPIs.
The Government has now considered the issue of applicability of
MAT under Section 115JB of
the Income-tax Act to foreign companies having no place of
business/permanent establishment in India.
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